Legal Opinion

Maz Partners LP v. Shear (In Re PHC, Inc. S'holder Litig.)

Court of Appeals for the First Circuit

Decided July 2, 2018No. 17-1821PPublishedCited by 17 opinions

1Opinion of the Court

SELYA, Circuit Judge.

The briefs in this case read like a law school examination covering a curriculum that ranges from corporate law to the law of equitable remedies. The questions presented are intricate, entangled, and in some instances novel. The most important of them implicate Massachusetts law and include whether a non-majority shareholder who also serves as a director can, under certain circumstances, be deemed a controlling shareholder; what effect, if any, shareholder ratification may have with respect to a self-interested transaction; and whether-in the absence of economic…

2Cases cited68 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Duncan v. WalkerSupreme Court of the United States · 2001
  3. Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
  4. Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
  5. Kamen v. Kemper Financial Services, Inc.Supreme Court of the United States · 1991

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3Cited by17 opinions

  1. Conformis, Inc. v. Aetna, Inc.Court of Appeals for the First Circuit · 2023
  2. Caribe Chem Distributors, Corp. v. Southern Agricultural Insecticides, Inc.Court of Appeals for the First Circuit · 2024
  3. SEC v. Sanchez Diaz MongeCourt of Appeals for the First Circuit · 2023
  4. Butler v. Bateman (In re Bateman)District Court, District of Columbia · 2019
  5. Overwell Harvest, Limited v. Trading Technologies International, Inc.Court of Appeals for the Seventh Circuit · 2024

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